Legal Opinion

Lewien v. Cohen

Supreme Judicial Court of Maine

Decided July 24, 1981PublishedCited by 16 opinions

1Opinion of the Court

McKUSICK, Chief Justice.

In this action to try title to real estate located in the town of Trescott, the Superi- or Court (Washington County) dismissed the complaint before trial. In that complaint, plaintiff Emma Lewien claimed title in Count I to certain islands and in Counts II and III to a parcel which, though differently described, may include the islands described in Count I. The court held that Count I did not state a claim on which relief could be granted, M.R.Civ.P. 12(b)(6), and that Counts II and III were precluded by the res judicata effect of a 1968 judgment. Because we conclude…

2Cases cited26 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Schroeder v. City of New YorkSupreme Court of the United States · 1962
  3. Green v. Ancora-Citronelle Corp.Court of Appeals for the Ninth Circuit · 1978
  4. Joseph Russell Realty Co. v. KenneallyMontana Supreme Court · 1980
  5. Hodgdon v. CampbellSupreme Judicial Court of Maine · 1980

21 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Gaeth v. DeaconSupreme Judicial Court of Maine · 2009
  2. Lundborg v. Phoenix Leasing, Inc.Court of Appeals for the First Circuit · 1996
  3. State v. ThompsonSupreme Judicial Court of Maine · 2008
  4. Marxsen v. Board of Dir., MSAD No. 5Supreme Judicial Court of Maine · 1991
  5. Federal Deposit Insurance v. S. Prawer & Co.District Court, D. Maine · 1993

11 more not listed; retrieve them via the Exa API.

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